swarb.co.uk - law index
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Local Government - From: 1800 To: 1849
This page lists 17 cases, and was prepared on 02 April 2018.
ÂRex v Bedford Level Corporation (1805) 6 East 356
1805
Lord Ellenborough
Local Government
A de facto officer is “one who has the reputation of being the officer he assumes to be”
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The King v The Inhabitants of Harberton [1811] EngR 145; (1811) 13 East 311; (1811) 104 ER 390
6 Feb 1811
Local Government
An order of justices for removing the wife and daughters of a pauper to the place of their settlement is supported prima facie by shewing that the parish to which the removal was made was the pIace of settlement of the wife before her marriage; although it also appeared by a copy of the marriage register that the husband was therein described to be of another parish; (which description was held there:) and such evidence throws the burden of proof upon the appellants, that the husband was settled in another parish.
[ Commonlii ]
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Chaytor And Others v Trinity College, Cambridge, And Wood [1817] EngR 30; (1817) 3 Anst 841; (1817) 145 ER 1056
1817
Local Government, Land
One owner of lands in a township may sue for himself and the others to establish a contributory modus for all the lands there.
[ Commonlii ]
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Malkin v Vickerstaff [1819] EngR 649; (1819) 3 B & A 89; (1819) 106 ER 595
6 Nov 1819
Local Government
Two divisions within a parish had separate overseers and separate rates, and managed their poor separately; but, at the end of every year, in making up their accounts, the overseers of the one (if they had money in hand) paid the balance over to the overseers of the other: Held, that this was in effect one joint parochial account, and that all the overseers were to be considered as joint overseers of the parish at large. Held, also, that where a payment has been made by a party, at the sole request of one overseer, and without the knowledge of the others, and no demand is made upon them till after they are out of office, it is a question proper for the jury to say, whether, under these special circumstances, the party ought not to be considered as having relied upon the sole responsibility of the overseer at whose request the payment was made.
[ Commonlii ]
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Robert Angus, James Todd, William Currie, James Barclay, Sen, James Barclay, Jun, John Allan, John Fleming, Henry Arnott, Robert Walker, And William Stewart v Duncan Montgomery, David Wishart, John Montgomery, And John Gulland [1821] EngR 229; (1821) 3 Bligh PC 98; (1821) 4 ER 541
2 Mar 1821
PC
Scotland, Local Government
[ Commonlii ]
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Rex v Pulsford [1828] EngR 679; (1828) 8 B & C 350; (1828) 108 ER 1073
14 Jun 1828
Local Government
Where an election to an office in a corporation was to be made by a select body appointed by the charter to be aiding the mayor : Held: The mayor was not bound to give to the members of such select body specific notice of a meeting to be holden for the purpose of such election; but that a reasonable and usual notice requiring them to attend at a meeting of the corporation at a time specified, without stating for what purpose the meeting was called, was sufficient.
[ Commonlii ]
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The King v Salway [1829] EngR 473; (1829) 9 B & C 424; (1829) 109 ER 158
19 May 1829
Local Government
By a charter of Queen Elizabeth it was provided that vacancies in the common council of the borough of L, should be filled up by election out of the "burgesses and inhabitants.” The charter was accepted, but the corporation afterwards elected burgesses, not being inhabitants, to the office of common councilmen, as they had done before. This charter, and all other franchises,w ere surrendered to Car II and W & M. by a charter of restoration granted that the corporation should enjoy all franchises, elections, rights of election, &c. that they had previously enjoyed by virtue or pretence of any charter, or by any other lawful manner, right, or title: Held, that under the charter of Elizabeth, burgesses could not be elected to be common counciimen unless they were inhabitants; and that an usage to elect burgesses not inhabitants was repugnant to the charter, and could not be pleaded in explanation of it: Held, also, that the charter of W. & M. only restored such rights as had been lawfully exercised under or by pretence of former charters, and, therefore, did not enable the corporation to elect burgesses, not being inhabitants, to the office of common councilmen.
[ Commonlii ]
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 Ex Parte Garrett and Clark v The Mayor of Newcastle; 30-Jan-1832 - [1832] EngR 421; (1832) 3 B & Ad 252; (1832) 110 ER 95
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The King v Ramsden And Others [1835] EngR 301; (1835) 3 Ad & E 456; (1835) 111 ER 487
1835
Local Government
[ Commonlii ]
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The Attorney-General v Aspinall [1836] EngR 885; (1836) 1 Keen 513; (1836) 48 ER 404
4 Jul 1836
Lord Cottenham
Local Government, Charity
Municipal corporations hold their property for public charitable purposes.
1 Citers
[ Commonlii ]
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Rex v The Church Trustees of St Pancras [1837] EngR 445; (1837) 6 Ad & E 314; (1837) 112 ER 119
26 Jan 1837
Local Government
Trustees appointed under a local Act for building a new parish church, with power to make rates for that purpose and for discharging debts to be incurred under the Act, are liable to account before parochial auditors appointed under the Vestry Act, 1 &, 2 W. 4, c. 60, as a board having control over part of the parochial expenditure; though the local Act requires such trustees to keep an account of the assessments, receipts and payments under the Act, to be examined and allowed once a year at Quarter Sessions ; and though, by the same Act, their accounts are open to inspection (on payment of 1s.) by any person liable to the above rates. A mandamus calling on such trustees to produce before the auditors "the accounts" (without limit as to time) kept by them under the local Act, and requiririg the clerk to the trustees to produce the books of account which may concern the above accounts, is bad, as exceeding the authority given by stat. 1 &, 2 W. 4, c. 60, ss. 34, 35, although such mandamus begin by reciting a demand made by the auditors upon the trustees in terms conformable to the Act, and a refusal to comply with such demand. When the validity of a return to a mandamus is argued on a concilium, the party impugning the return must begin, although the opposite party states that he shall object to the form of the mandamus.
[ Commonlii ]
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Regina v The Mayor And Town Clerk Of Evesham [1838] EngR 627; (1838) 8 Ad & E 266; (1838) 112 ER 839
9 May 1838
Local Government
Under stat. 5 and 6 4 c 76 s 76, the minutes of proceedings in town-council should be entered and signed by the chairman at the meeting, and not afterwards.
[ Commonlii ]
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Carratt v Morley, Goodwin, Marshall, W Rainey, Soulby, E Rainey, Richardson, And Horn [1841] EngR 691; (1841) 1 QB 18; (1841) 113 ER 1036
25 May 1841
Local Government
[ Commonlii ]
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The Queen v The Inhabitants of St Pancras [1873] EngR 5; (1843) 5 QB 13; (1843) 114 ER 1152
17 Jun 1843
Local Government
Responsibility for the care of a pauper who had moved from one parish to another. Order for removal upheld.
[ Commonlii ]
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Regina v The Inhabitants Of Stockton [1845] EngR 869; (1845) 7 QB 520; (1845) 115 ER 585
28 May 1845
Benefits, Local Government
[ Commonlii ]
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Regina v The Inhabitants Of Hickling [1845] EngR 1051; (1845) 7 QB 880; (1845) 115 ER 719
27 Jun 1845
Transport, Local Government
By stat. 34 Q 3, c. 64, when the boundary of two parishes lay along the centre of a highway, justices were empowered, on information of the fact, to summon the surveyors of the respective parishes, hear the parties and their witnesses, and finally determine the matter by order, apportioning the highway between the parishes for the purpose of repair. Forms of information, summons and order were given. By an order under this Act, the justices recited an information laid before them that one side of a certain highways in, and repairable by, parish E, and the other side in, arid repairable by, parish W., praying an apportionment that they had summoned the surveyors, who attended, and that they had examined witnesses : and they ordered that the highway should be apportioned between H. & W., dividing it by a traversing line.
[ Commonlii ]
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The Queen v The Inhabitants of Barnsley [1849] EngR 628; (1849) 12 QB 193; (1849) 116 ER 840
12 May 1849
Benefits, Local Government
It is not necessary that a lunatic, chargeable to a parish, should be sent to an asylum or licensed house. The justice before whom he is brought is to decide whether he is a proper person to he confined or not; and, if not corifined, he may Be removed to his parish as an ordinary pauper. An idiot, aged thirty, living with his parents in parish B., became chargeable; and thereupon he and they were removed by order of justices to parish T., their place of settlement. The order was never appealed against. The father retained his house in B, in the care of two of his children, who were emancipated; and, when removed, he intended to return as soon as he could. After four days, the paupers did return to the house in B, with the consent of the overseers of T, who promised to send weekly relief to the parents for the son : but the son again became chargeable to B; and another order was made, finding the son and parents chargeable, and ordering their removal to T. The famiIy had resided in B. for five years next before the makirig of this order, excepting only the four days above mentioned. On appeal (not stating as a ground that the parents were not chargeable at the date of the second order), and case stated by the sessions : Held that the five years' residence was broken by the removal to parish T., arid that the paupers were not irremoveable from B. under stat. 9 & 10 Vict. c. 66, s. I.
[ Commonlii ]
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